GRAND RAPIDS, MI -- A Michigan inmate who wasn't allowed to attend Wiccan ceremonies while he was confined for misconduct says prison officials violated his constitutional rights.
Mario Sentelle Cavin, who is incarcerated for second-degree murder, is suing Michigan Department of Corrections Director Daniel Heyns and Chippewa Correctional Facility Warden Jeffrey Woods. He represents himself in the lawsuit he recently filed in U.S. District Court in Grand Rapids. Cavin is seeking $12,000 in damages.
In 2000, Cavin was sentenced to 37 to 62 years in prison for two convictions each of second-degree murder and felony firearms in Lake County, according to Department of Corrections records.
Cavin, 36, was incarcerated at Chippewa Correctional Facility in Kincheloe when he alleges he was denied the right to exercise his religion in violation of the First Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act.
He was placed on toplock, a discipline for misconduct, multiple times and was not allowed to attend two Wiccan services in 2014. Sabbats, festivals celebrated by Wiccans, are provided by the Department of Corrections eight times a year, Cavin said.
An inmate on toplock is restricted to his or her cell, room or bunk area and can only leave with staff authorization. Prisoners are released from toplock for showers, visits, medical care, school and law library. Inmates are allowed at least one hour of out-of-cell activity each day.
The lawsuit does not state why Cavin was placed on toplock. He is classified as a Level IV inmate.
Department of Corrections policy states the warden may allow prisoners on toplock to go to the dining room, work assignments and other specified activities.
At the Chippewa Correctional Facility, rules prohibit prisoners on toplock from attending work assignments or religious services, a prison official said in response to a grievance filed by Cavin. Over the years, wardens have not authorized prisoners on toplock to attend religious services, the chaplain said in a memo.
Cavin said a "blanket ban" of religious services for inmates on toplock at Chippewa Correctional Facility created a burden on his ability to worship.
"Although Mr. Cavin is sincere in his religious beliefs, he is not knowledgeable enough on his own to properly conduct solitary rituals and/or ceremonies, nor does he have the necessary materials to conduct such rituals/ceremonies," the lawsuit states.
Wiccan holidays align with seasonal changes and moon phases. Cavin said sabbats require various items, such as candles or incense, which he was not allowed to have outside of group services.
Cavin said there were no Wiccan books available at the prison library.
"Mr. Cavin had no alternative means available to him which would allow him to participate in some small way in his religious worship," according to the lawsuit.
Cavin said participation in Wiccan sabbats deepens his religious convictions and is an aspect of religious socialization. The rituals are important for spiritual, emotional and psychic growth, he said.
"Through properly done rituals, worshipers are able to reach an altered state of consciousness that allows them to get closer to the [energy] of the deity they worship. In this exalted state, it is also possible to create desired magical or spiritual results."
Cavin argued there would be no adverse impact on guards and prisoners if Chippewa Correctional Facility allowed confined inmates to attend religious ceremonies. Lifting the "blanket ban" would not require additional prison resources, he said.
"Prisoners on Toplock are allowed to attend school and law library without incident, why are religious services any different?" he asked.
Cavin said Heyns denied his petition for declaratory ruling that the policy is unconstitutional.
He is currently incarcerated at G. Robert Cotton Correctional Facility in Jackson.
Heyns and Woods have not yet filed a response to the lawsuit.
Angie Jackson covers public safety and breaking news for MLive/The Grand Rapids Press. Email her at ajackso3@mlive.com, and follow her on Twitter.